Federal Acquisition Regulation; Buy American Exemption for Commercial Information Technology-Construction Material, 60266-60268 [2010-24206]
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60266
Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations
the side of, or off, an active roadway and
has halted in a location where one can
safely remain stationary.
Text messaging means reading from
or entering data into any handheld or
other electronic device, including for
the purpose of short message service
texting, e-mailing, instant messaging,
obtaining navigational information, or
engaging in any other form of electronic
data retrieval or electronic data
communication. The term does not
include glancing at or listening to a
navigational device that is secured in a
commercially designed holder affixed to
the vehicle, provided that the
destination and route are programmed
into the device either before driving or
while stopped in a location off the
roadway where it is safe and legal to
park.
23.1104
Policy.
Agencies shall encourage contractors
and subcontractors to adopt and enforce
policies that ban text messaging while
driving—
(a) Company-owned or –rented
vehicles or Government-owned
vehicles; or
(b) Privately-owned vehicles when on
official Government business or when
performing any work for or on behalf of
the Government.
23.1105
Contract clause.
The contracting officer shall insert the
clause at 52.223–18, Contractor Policy
to Ban Text Messaging While Driving, in
all solicitations and contracts.
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
4. Amend section 52.212–5 by
revising the date of clause; redesignating
paragraphs (b)(31) thru (b)(43) as
paragraphs (b)(32) thru (b)(44); and
adding a new paragraph (b)(31) to read
as follows:
■
52.212–5 Contract Terms and Conditions
Required to Implement Statutes or
Executive Orders—Commercial Items.
*
*
*
*
*
CONTRACT TERMS AND
CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL
ITEMS (Sep 2010)
erowe on DSK5CLS3C1PROD with RULES3
*
*
*
*
*
(b) * * *
lllll (31) 52.223–18, Contractor
Policy to Ban Text Messaging while Driving
(SEP 2010) (E.O. 13513).
52.223–18 Contractor Policy to Ban Text
Messaging While Driving.
DEPARTMENT OF DEFENSE
As prescribed in 23.1105, insert the
following clause:
GENERAL SERVICES
ADMINISTRATION
CONTRACTOR POLICY TO BAN TEXT
MESSAGING WHILE DRIVING (SEP
2010)
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
(a) Definitions. As used in this clause—
Driving—(1) Means operating a motor
vehicle on an active roadway with the motor
running, including while temporarily
stationary because of traffic, a traffic light,
stop sign, or otherwise.
(2) Does not include operating a motor
vehicle with or without the motor running
when one has pulled over to the side of, or
off, an active roadway and has halted in a
location where one can safely remain
stationary.
Text messaging means reading from or
entering data into any handheld or other
electronic device, including for the purpose
of short message service texting, e-mailing,
instant messaging, obtaining navigational
information, or engaging in any other form of
electronic data retrieval or electronic data
communication. The term does not include
glancing at or listening to a navigational
device that is secured in a commercially
designed holder affixed to the vehicle,
provided that the destination and route are
programmed into the device either before
driving or while stopped in a location off the
roadway where it is safe and legal to park.
(b) This clause implements Executive
Order 13513, Federal Leadership on
Reducing Text Messaging while Driving,
dated October 1, 2009.
(c) The Contractor should—
(1) Adopt and enforce policies that ban text
messaging while driving—
(i) Company-owned or –rented vehicles or
Government-owned vehicles; or
(ii) Privately-owned vehicles when on
official Government business or when
performing any work for or on behalf of the
Government.
(2) Conduct initiatives in a manner
commensurate with the size of the business,
such as—
(i) Establishment of new rules and
programs or re-evaluation of existing
programs to prohibit text messaging while
driving; and
(ii) Education, awareness, and other
outreach to employees about the safety risks
associated with texting while driving.
(d) Subcontracts. The Contractor shall
insert the substance of this clause, including
this paragraph (d), in all subcontracts that
exceed the micro-purchase threshold.
(End of clause)
[FR Doc. 2010–24156 Filed 9–28–10; 8:45 am]
BILLING CODE 6820–EP–P
*
*
*
*
*
■ 5. Add section 52.223–18 to read as
follows:
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48 CFR Parts 25 and 52
[FAC 2005–46; FAR Case 2009–039; Item
VII; Docket 2010–0104, Sequence 1]
RIN 9000–AL62
Federal Acquisition Regulation; Buy
American Exemption for Commercial
Information Technology—Construction
Material
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Interim rule with request for
comments.
AGENCIES:
The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) are issuing an interim rule
amending the Federal Acquisition
Regulation (FAR) to implement section
615 of Division C, Title VI, of the
Consolidated Appropriations Act, 2010
(Pub. L. 111–117). Section 615
authorizes exemption from the Buy
American Act for acquisition of
information technology that is a
commercial item.
DATES: Effective Date: September 29,
2010.
Comment Date: Interested parties
should submit written comments to the
Regulatory Secretariat on or before
November 29, 2010 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments
identified by FAC 2005–46, FAR Case
2009–039, by any of the following
methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘FAR Case 2009–039’’ under
the heading ‘‘Enter Keyword or ID’’ and
selecting ‘‘Search.’’ Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘FAR Case 2009–039.’’ Follow the
instructions provided at the ‘‘Submit a
Comment’’ screen. Please include your
name, company name (if any), and ‘‘FAR
Case 2009–039’’ on your attached
document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), 1800 F Street, NW., Room
4041, ATTN: Hada Flowers,
Washington, DC 20405.
SUMMARY:
E:\FR\FM\29SER3.SGM
29SER3
Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations
Instructions: Please submit comments
only and cite FAC 2005–46, FAR Case
2009–039, in all correspondence related
to this case. All comments received will
be posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Ms.
Cecelia L. Davis, Procurement Analyst,
at (202) 219–0202. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at (202) 501–4755. Please
cite FAC 2005–46, FAR Case 2009–039.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule amends FAR
subparts 25.2 and 52.2 to implement
section 615 of Division C, Title VI, of
the Consolidated Appropriations Act,
2010 (Pub. L. 111–117). Section 615
authorizes exemption from the Buy
American Act for acquisition of
information technology that is a
commercial item.
This same exemption has appeared
every year since Fiscal Year 2004
(section 535(a) of Division F, Title V,
Consolidated Appropriations Act, 2004
(Pub. L. 108–199)). The Fiscal Year 2004
exemption was implemented through
deviations by the individual agencies.
Subsequently, regulations were
published to implement the exemption
for supplies (71 FR 223, January 3,
2006). The exemption for construction
material was not implemented until
publication of this interim rule.
The interim rule is based on the
probability that the exemption of
commercial information technology is
likely to continue. If the exception does
not appear in a future appropriations
act, a prompt change to the FAR will be
made to limit applicability of the
exemption to the fiscal years to which
it applies.
‘‘Information technology’’ and
‘‘Commercial item’’ are already defined
in FAR part 2.
This is a significant regulatory action
and, therefore, was subject to review
under Section 6(b) of Executive Order
12866, Regulatory Planning and Review,
dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
erowe on DSK5CLS3C1PROD with RULES3
B. Regulatory Flexibility Act
The Councils do not expect this
interim rule to have a significant
economic impact on a substantial
number of small entities within the
meaning of the Regulatory Flexibility
Act, 5 U.S.C. 601, et seq., because the
rule simplifies the treatment of
VerDate Mar<15>2010
15:32 Sep 28, 2010
Jkt 220001
construction material that is also a
commercial information technology
item, which constitutes a small
percentage of the overall construction
material in a project. This interim rule
does not affect small business set-asides
to the prime contractor or the small
business subcontracting goals.
Construction contracts that exceed
$7,804,000 and are subject to trade
agreements already exempt designated
country construction material from the
Buy American Act. Therefore, an Initial
Regulatory Flexibility Analysis has not
been performed. The Councils invite
comments from small business concerns
and other interested parties on the
expected impact of this rule on small
entities.
The Councils will also consider
comments from small entities
concerning the existing regulations in
the FAR subparts 25 and 52 affected by
this rule in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (FAC 2005–46, FAR Case
2009–039) in all correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
apply because the changes to the FAR
will slightly reduce the information
collection requirements currently
approved by the Office of Management
and Budget (OMB Control number
9000–0141, entitled Buy America Act—
Construction—FAR Sections Affected:
Subpart 25.2; 52.225–9; and 52.225–11)
but we estimate that the impact will be
negligible.
D. Determination To Issue an Interim
Rule
A determination has been made under
the authority of the Secretary of Defense
(DoD), the Administrator of General
Services (GSA), and the Administrator
of the National Aeronautics and Space
Administration (NASA) that urgent and
compelling reasons exist to promulgate
this interim rule without prior
opportunity for public comment. This
action is necessary to implement the
changes resulting from the enactment of
section 615 of Division C, Title VI, of
the Consolidated Appropriations Act,
2010 (Pub. L. 111–117), effective
December 16, 2009. However, pursuant
to 41 U.S.C. 418b and FAR 1.501–3(b),
the Councils will consider public
comments received in response to this
interim rule in the formation of the final
rule.
List of Subjects in 48 CFR Parts 25 and
52
Government procurement.
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60267
Dated: September 21, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 25 and 52 as set
forth below:
■ 1. The authority citation for 48 CFR
parts 25 and 52 continues to read as
follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
PART 25—FOREIGN ACQUISITION
2. Amend section 25.202 by revising
the introductory text of paragraph (a),
and by adding paragraph (a)(4) to read
as follows:
■
25.202
Exceptions.
(a) When one of the following
exceptions applies, the contracting
officer may allow the contractor to
acquire foreign construction materials
without regard to the restrictions of the
Buy American Act:
*
*
*
*
*
(4) Information technology that is a
commercial item. The restriction on
purchasing foreign construction
material does not apply to the
acquisition of information technology
that is a commercial item, when using
Fiscal Year 2004 or subsequent fiscal
year funds (Section 535(a) of Division F,
Title V, Consolidated Appropriations
Act, 2004, and similar sections in
subsequent appropriations acts).
*
*
*
*
*
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
3. Amend section 52.225–9 by
revising the date of the clause and
paragraph (b)(2) to read as follows:
■
52.225–9 Buy American—Construction
Materials.
*
*
*
*
*
BUY AMERICAN—CONSTRUCTION
MATERIALS (SEP 2010)
*
*
*
*
*
(b) * * *
(2) This requirement does not apply to
information technology that is a commercial
item or to the construction materials or
components listed by the Government as
follows:
*
*
*
*
*
4. Amend section 52.225–11 by
revising the date of the clause and
paragraph (b)(3) to read as follows:
■
52.225–11 Buy American Act—
Construction Materials under Trade
Agreements.
*
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*
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*
*
60268
Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations
BUY AMERICAN ACT—
CONSTRUCTION MATERIALS UNDER
TRADE AGREEMENTS (SEP 2010)
*
*
*
*
*
(b) * * *
(3) The requirement in paragraph (b)(2) of
this clause does not apply to information
technology that is a commercial item or to
the construction materials or components
listed by the Government as follows:
[Contracting Officer to list applicable
excepted materials or indicate ‘‘none’’]
*
*
*
*
*
[FR Doc. 2010–24206 Filed 9–28–10; 8:45 am]
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2010–0077, Sequence 8]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–46;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Small Entity Compliance Guide.
AGENCIES:
BILLING CODE 6820–EP–P
This document is issued
under the joint authority of the
Secretary of Defense, the Administrator
of General Services and the
Administrator of the National
SUMMARY:
Aeronautics and Space Administration.
This Small Entity Compliance Guide has
been prepared in accordance with
section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996. It consists of a summary of rules
appearing in Federal Acquisition
Circular (FAC) 2005–46 which amend
the FAR. Interested parties may obtain
further information regarding these
rules by referring to FAC 2005–46,
which precedes this document. These
documents are also available via the
Internet at https://www.regulations.gov.
For effective dates see separate
documents, which follow.
DATES:
The
analyst whose name appears in the table
below. Please cite FAC 2005–46 and the
specific FAR case number. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat at (202) 501–
4755.
FOR FURTHER INFORMATION CONTACT:
LIST OF RULES IN FAC 2005–46
Item
Subject
I ..............
II .............
III ............
IV ...........
V .............
VI ...........
VII ...........
Equal Opportunity for Veterans (Interim) ..............................................................................................
Certification Requirement and Procurement Prohibition Relating to Iran Sanctions (Interim) ..............
Termination for Default Reporting .........................................................................................................
Award-Fee Language Revision .............................................................................................................
Offering a Construction Requirement–8(a) Program ............................................................................
Encouraging Contractor Policies to Ban Text Messaging While Driving (Interim) ................................
Buy American Exemption for Commercial Information Technology—Construction Material (Interim)
erowe on DSK5CLS3C1PROD with RULES3
SUPPLEMENTARY INFORMATION:
Summaries for each FAR rule follow.
For the actual revisions and/or
amendments made by these FAR cases,
refer to the specific item number and
subject set forth in the documents
following these item summaries.
FAC 2005–46 amends the FAR as
specified below:
Item I—Equal Opportunity for Veterans
(FAR Case 2009–007) (Interim)
This interim rule with request for
comments implements the Department
of Labor’s (DoL) Office of Federal
Contract Compliance Programs (OFCCP)
final rule published in the Federal
Register at 72 FR 44393 on August 8,
2007, that implements amendments to
the affirmative action provisions of the
Vietnam Era Veterans’ Readjustment
Assistance Act of 1972 (VEVRAA), as
amended by the Jobs for Veterans Act
(JVA). The rule re-titles FAR subpart
22.13 from ‘‘Special Disabled Veterans,
Veterans of the Vietnam Era, and Other
Eligible Veterans’’ to ‘‘Equal Opportunity
for Veterans.’’ Accordingly, FAR clause
52.222–35 is also renamed ‘‘Equal
Opportunity for Veterans’’ and
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15:32 Sep 28, 2010
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FAR case
2009–007
2010–012
2008–016
2008–008
2009–020
2009–028
2009–039
Analyst
Woodson.
Davis.
Parnell.
Chambers.
Morgan.
Clark.
Davis.
incorporates the new categories and
definitions of protected veterans as
established by DoL. In addition, the
FAR clause at 52.222–37, ‘‘Employment
Reports on Special Disabled Veterans,
Veterans of the Vietnam Era, and Other
Eligible Veterans’’ is renamed
‘‘Employment Reports on Veterans’’ and
the new DoL requirements for using the
VETS–100A report are incorporated.
Lastly, the FAR provision at 52.222–38,
‘‘Compliance with Veterans’
Employment Reporting Requirements,’’
is revised to incorporate new title
references for FAR 52.222–37 and the
new report form VETS–100A.
Item II—Certification Requirement and
Procurement Prohibition Relating to
Iran Sanctions (FAR Case 2010–012)
(Interim)
This interim rule amends the FAR by
enhancing efforts to enforce sanctions
with Iran. The rule implements
requirements imposed by the
Comprehensive Iran Sanctions,
Accountability, and Divestment Act of
2010 (Pub. L. 111–195), specifically
sections 102 and 106. To implement
section 102, the FAR will require
certification that each offeror, and any
person owned or controlled by the
offeror, does not engage in any activity
for which sanctions may be imposed
under section 5 of the Iran Sanctions
Act. This rule also partially implements
section 106 of Public Law 111–195,
which imposes a procurement
prohibition relating to contracts with
persons that export certain sensitive
technology to Iran. There will be further
implementation of Section 106 in FAR
Case 2010–018. This rule will have little
effect on United States small business
concerns, because such dealings with
Iran are already prohibited in the United
States.
Item III—Termination for Default
Reporting (FAR Case 2008–016)
This final rule amends the FAR to
revise the contractor performance
information process. The FAR revisions
include changes to FAR parts 8, 12, 15,
42, and 49. The purpose of the rule is
to establish procedures for contracting
officers to provide contractor
information into the Federal Awardee
Performance & Integrity Information
System (FAPIIS) module of Past
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]]>Agencies
[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Rules and Regulations]
[Pages 60266-60268]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24206]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 25 and 52
[FAC 2005-46; FAR Case 2009-039; Item VII; Docket 2010-0104, Sequence
1]
RIN 9000-AL62
Federal Acquisition Regulation; Buy American Exemption for
Commercial Information Technology--Construction Material
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are issuing an interim rule
amending the Federal Acquisition Regulation (FAR) to implement section
615 of Division C, Title VI, of the Consolidated Appropriations Act,
2010 (Pub. L. 111-117). Section 615 authorizes exemption from the Buy
American Act for acquisition of information technology that is a
commercial item.
DATES: Effective Date: September 29, 2010.
Comment Date: Interested parties should submit written comments to
the Regulatory Secretariat on or before November 29, 2010 to be
considered in the formulation of a final rule.
ADDRESSES: Submit comments identified by FAC 2005-46, FAR Case 2009-
039, by any of the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``FAR Case
2009-039'' under the heading ``Enter Keyword or ID'' and selecting
``Search.'' Select the link ``Submit a Comment'' that corresponds with
``FAR Case 2009-039.'' Follow the instructions provided at the ``Submit
a Comment'' screen. Please include your name, company name (if any),
and ``FAR Case 2009-039'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), 1800 F Street, NW., Room 4041, ATTN: Hada Flowers,
Washington, DC 20405.
[[Page 60267]]
Instructions: Please submit comments only and cite FAC 2005-46, FAR
Case 2009-039, in all correspondence related to this case. All comments
received will be posted without change to https://www.regulations.gov,
including any personal and/or business confidential information
provided.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Cecelia L. Davis, Procurement Analyst, at (202) 219-0202. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-46, FAR
Case 2009-039.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule amends FAR subparts 25.2 and 52.2 to implement
section 615 of Division C, Title VI, of the Consolidated Appropriations
Act, 2010 (Pub. L. 111-117). Section 615 authorizes exemption from the
Buy American Act for acquisition of information technology that is a
commercial item.
This same exemption has appeared every year since Fiscal Year 2004
(section 535(a) of Division F, Title V, Consolidated Appropriations
Act, 2004 (Pub. L. 108-199)). The Fiscal Year 2004 exemption was
implemented through deviations by the individual agencies.
Subsequently, regulations were published to implement the exemption for
supplies (71 FR 223, January 3, 2006). The exemption for construction
material was not implemented until publication of this interim rule.
The interim rule is based on the probability that the exemption of
commercial information technology is likely to continue. If the
exception does not appear in a future appropriations act, a prompt
change to the FAR will be made to limit applicability of the exemption
to the fiscal years to which it applies.
``Information technology'' and ``Commercial item'' are already
defined in FAR part 2.
This is a significant regulatory action and, therefore, was subject
to review under Section 6(b) of Executive Order 12866, Regulatory
Planning and Review, dated September 30, 1993. This rule is not a major
rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Councils do not expect this interim rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule simplifies the treatment of construction material that
is also a commercial information technology item, which constitutes a
small percentage of the overall construction material in a project.
This interim rule does not affect small business set-asides to the
prime contractor or the small business subcontracting goals.
Construction contracts that exceed $7,804,000 and are subject to trade
agreements already exempt designated country construction material from
the Buy American Act. Therefore, an Initial Regulatory Flexibility
Analysis has not been performed. The Councils invite comments from
small business concerns and other interested parties on the expected
impact of this rule on small entities.
The Councils will also consider comments from small entities
concerning the existing regulations in the FAR subparts 25 and 52
affected by this rule in accordance with 5 U.S.C. 610. Interested
parties must submit such comments separately and should cite 5 U.S.C.
610 (FAC 2005-46, FAR Case 2009-039) in all correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does apply because the changes to the
FAR will slightly reduce the information collection requirements
currently approved by the Office of Management and Budget (OMB Control
number 9000-0141, entitled Buy America Act--Construction--FAR Sections
Affected: Subpart 25.2; 52.225-9; and 52.225-11) but we estimate that
the impact will be negligible.
D. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense (DoD), the Administrator of General Services (GSA), and the
Administrator of the National Aeronautics and Space Administration
(NASA) that urgent and compelling reasons exist to promulgate this
interim rule without prior opportunity for public comment. This action
is necessary to implement the changes resulting from the enactment of
section 615 of Division C, Title VI, of the Consolidated Appropriations
Act, 2010 (Pub. L. 111-117), effective December 16, 2009. However,
pursuant to 41 U.S.C. 418b and FAR 1.501-3(b), the Councils will
consider public comments received in response to this interim rule in
the formation of the final rule.
List of Subjects in 48 CFR Parts 25 and 52
Government procurement.
Dated: September 21, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 25 and 52 as set forth
below:
0
1. The authority citation for 48 CFR parts 25 and 52 continues to read
as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 25--FOREIGN ACQUISITION
0
2. Amend section 25.202 by revising the introductory text of paragraph
(a), and by adding paragraph (a)(4) to read as follows:
25.202 Exceptions.
(a) When one of the following exceptions applies, the contracting
officer may allow the contractor to acquire foreign construction
materials without regard to the restrictions of the Buy American Act:
* * * * *
(4) Information technology that is a commercial item. The
restriction on purchasing foreign construction material does not apply
to the acquisition of information technology that is a commercial item,
when using Fiscal Year 2004 or subsequent fiscal year funds (Section
535(a) of Division F, Title V, Consolidated Appropriations Act, 2004,
and similar sections in subsequent appropriations acts).
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Amend section 52.225-9 by revising the date of the clause and
paragraph (b)(2) to read as follows:
52.225-9 Buy American--Construction Materials.
* * * * *
BUY AMERICAN--CONSTRUCTION MATERIALS (SEP 2010)
* * * * *
(b) * * *
(2) This requirement does not apply to information technology
that is a commercial item or to the construction materials or
components listed by the Government as follows:
* * * * *
0
4. Amend section 52.225-11 by revising the date of the clause and
paragraph (b)(3) to read as follows:
52.225-11 Buy American Act--Construction Materials under Trade
Agreements.
* * * * *
[[Page 60268]]
BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (SEP
2010)
* * * * *
(b) * * *
(3) The requirement in paragraph (b)(2) of this clause does not
apply to information technology that is a commercial item or to the
construction materials or components listed by the Government as
follows:
[Contracting Officer to list applicable excepted materials or
indicate ``none'']
* * * * *
[FR Doc. 2010-24206 Filed 9-28-10; 8:45 am]
BILLING CODE 6820-EP-P
